Overview

Title

An Act To establish an Independent Financial Technology Working Group to Combat Terrorism and Illicit Financing, and for other purposes.

ELI5 AI

H.R. 2969 wants to create a special group to learn how new money technologies, like digital coins, might be used for bad things and to find ways to stop them. It also asks the President to keep an eye on these technologies so they can't be used by bad people.

Summary AI

H.R. 2969, known as the “Financial Technology Protection Act of 2023,” seeks to create an Independent Financial Technology Working Group. This group will be responsible for researching how new financial technologies, like digital assets, could be used for terrorism and illegal activities. It will also propose new laws and regulations to stop these activities and will submit annual reports of its findings to various government agencies and committees. Additionally, the bill directs the President to report on how these technologies might be misused by rogue actors and develop strategies to prevent such misuse.

Published

2024-07-23
Congress: 118
Session: 2
Chamber: SENATE
Status: Referred in Senate
Date: 2024-07-23
Package ID: BILLS-118hr2969rfs

Bill Statistics

Size

Sections:
4
Words:
1,597
Pages:
10
Sentences:
38

Language

Nouns: 480
Verbs: 96
Adjectives: 122
Adverbs: 15
Numbers: 55
Entities: 107

Complexity

Average Token Length:
4.52
Average Sentence Length:
42.03
Token Entropy:
5.08
Readability (ARI):
24.26

AnalysisAI

The "Financial Technology Protection Act of 2023" aims to address the rising concerns regarding the use of modern financial technologies, like digital assets, in financing terrorism and executing illicit activities. It proposes to create an Independent Financial Technology Working Group responsible for researching these issues and developing legislative and regulatory solutions. Additionally, it mandates a strategic report on how these technologies might be used to evade sanctions or threaten national security.

Overview of the Bill

This legislative proposal seeks to create a blend of government and private sector expertise by establishing a working group comprising members from various governmental departments and selected individuals from relevant industries. The group's mission is to explore how emerging financial technologies can be misused and to suggest measures that might bolster anti-money laundering and counter-terrorism efforts. A significant component involves monitoring rogue actors, with the expectation of annual reports and a strategic document that outlines ways to prevent the misuse of digital assets. The statute includes a duration of four years for the working group's operation, beyond which it will be dissolved unless extended or rechartered.

Significant Issues

Several issues surface around the specifics of the bill. The criteria for appointing industry representatives in the working group aren't clearly defined, which may lead to potential biases or favoritism. Additionally, the bill lacks a clear outline for funding the working group's activities, raising questions about financial oversight. The evolving nature of technologies like blockchain and digital assets may pose challenges, as current definitions may not align with existing legal standards, potentially leading to ambiguities. The reliance on potentially biased sources for preparing reports and the provision for a classified annex to limit transparency further complicate the matter. Moreover, the relatively short timeline for compiling the initial report raises concerns about the sufficiency of the analysis.

Impact on the Public

Broadly speaking, the bill represents a proactive attempt to curb the misuse of advanced digital technologies, something that can protect national security and stabilize financial ecosystems. Importantly, by involving private and public sector expertise, the bill attempts to bring nuanced perspectives to a complex problem. However, insufficiently defined terms and potential areas of favoritism or financial mismanagement might affect public trust in these efforts. The coordination of such comprehensive efforts may also strain resources if not properly monitored or funded.

Impact on Stakeholders

Government Agencies will need to collaborate closely, drawing on diverse expertise. However, a lack of clear guidelines might challenge their cooperative potential.

Financial Institutions and Technology Companies stand to impact considerably. If the group includes fair representation from these entities, it could ensure that proposed regulations take industry realities into account. Yet, a skewed selection process might favor certain interests unfairly.

Taxpayers and Public Interest Groups have a stake in ensuring fiscal responsibility and effective use of government funds. The bill does not specify financial protocols or oversight mechanisms, potentially leading to concerns about transparency and accountability.

Privacy and Civil Liberties Organizations might view parts of the bill with caution, given its potential to increase regulatory scrutiny over digital transactions. The challenge remains in balancing security with individual rights.

In conclusion, while the "Financial Technology Protection Act of 2023" holds promise in addressing modern financial technologies' illicit use, careful consideration and amendments may be required to ensure its efficacy, fairness, and transparency.

Issues

  • The lack of clearly defined criteria for appointing members from financial technology companies, blockchain intelligence companies, financial institutions, and other organizations in Section 2 could lead to favoritism, which may affect the Working Group's objectivity and effectiveness.

  • The bill does not specify a budget or funding source for the Working Group in Section 2, potentially leading to unchecked or wasteful spending. This can raise concerns about financial oversight and accountability.

  • The definitions section (Section 4) contains terms like 'blockchain intelligence company' and 'digital asset' that may not align with existing legal frameworks or standards. Given the evolving nature of these technologies, this could cause legal and regulatory ambiguities.

  • The language in Section 3 regarding a strategy to mitigate and prevent the illicit use of digital assets lacks specificity. This could lead to varied interpretations of enforcement and regulatory actions, impacting the consistency of implementation.

  • The option for a classified annex in the report on rogue actors in Section 3 could limit transparency and public scrutiny of important national security measures.

  • Section 3 allows the use of any 'credible publication, database, or web-based resource' for report preparation, which may include sources with conflicts of interest. This could compromise the reliability and objectivity of the findings.

  • The report submission timeline of 180 days in Section 3 may be insufficient for developing a comprehensive analysis involving multiple agencies and complex technologies. This can impact the quality of the report and subsequent policymaking.

  • The term 'appropriate congressional committees' is detailed in the definition section (Section 4) but might lead to ambiguity if any committees are renamed or restructured. This may affect future communication and procedural clarity.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the document states the name of the law, which is the "Financial Technology Protection Act of 2023."

2. Independent financial technology working group to combat terrorism and illicit financing Read Opens in new tab

Summary AI

The bill establishes the Independent Financial Technology Working Group to Combat Terrorism and Illicit Financing, which is comprised of government and private sector representatives. Its main tasks are to research the use of new financial technologies in illegal activities and develop legislative and regulatory proposals to strengthen anti-money laundering and counter-terrorism financing efforts, with the group required to report their findings annually for four years.

3. Preventing rogue and foreign actors from evading sanctions Read Opens in new tab

Summary AI

The section requires the President to submit a report to Congress within 180 days, detailing how digital assets and related technologies might be used by various actors to avoid sanctions, finance terrorism, or threaten U.S. national security, and to outline a strategy to prevent these risks. It also mandates that the report be publicly accessible in an easily downloadable format, and obligates the Secretary of the Treasury to brief Congress on the strategy's implementation within two years.

4. Definitions Read Opens in new tab

Summary AI

The Definitions section of this Act explains key terms used throughout the document, such as which congressional committees are involved, what constitutes a blockchain intelligence company, and what qualifies as a digital asset. It also defines terms like foreign terrorist organization, illicit use, and terrorist, helping clarify the scope of activities and entities this Act addresses.